Miami — A bipartisan group of 35 former federal judges filed a motion Wednesday asking a U.S. District Court in Florida to reopen President Donald Trump’s dismissed $10 billion lawsuit against the IRS, alleging the resolution involved a potential “fraud on the court.”13
The unusual filing targets a settlement announced by the Department of Justice on May 18, 2026 — hours after Trump, his adult sons, and the Trump Organization voluntarily dismissed their lawsuit over the 2020 leak of the president’s tax returns. While the settlement provided no direct monetary payout to Trump, it included broad legal releases, certain tax protections for the Trump family and businesses, and the creation of a $1.776 billion “Anti-Weaponization Fund” drawn from the federal Judgment Fund.3145
The fund is intended to compensate individuals and entities who claim they were victims of government “lawfare” and “weaponization,” a process critics say could disproportionately benefit Trump allies.39
Judges Argue Court Was Deceived
In their 24-page motion filed in the Southern District of Florida before U.S. District Judge Kathleen Williams, the retired jurists argue that Trump’s legal team and the Justice Department failed to disclose the impending settlement when seeking dismissal of the case. Judge Williams had previously questioned whether a genuine “case or controversy” existed, given that Trump was suing an agency under his own administration’s control.24
“The Court was deceived,” the motion states. The ex-judges contend the parties used the voluntary dismissal to bypass judicial oversight of what they describe as an extraordinary and potentially collusive arrangement.7
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They are invoking Federal Rule of Civil Procedure 60, which allows courts to set aside judgments for reasons including fraud, misrepresentation, or misconduct. The group is seeking an inquiry into the settlement process and, if warranted, to void the dismissal.11
Prominent signatories include conservative former Fourth Circuit Judge J. Michael Luttig, as well as judges appointed by both Republican and Democratic presidents, such as Nancy Gertner and Shira Scheindlin.34
Background and Broader Controversy
Trump filed the lawsuit in January 2026 seeking damages for the unauthorized release of his tax information. The case drew scrutiny because of its unusual posture — a sitting president suing his own executive branch. Just before a court deadline for briefing on jurisdiction, Trump’s team dismissed the suit.45
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The DOJ’s subsequent announcement detailed the fund, to be administered by a five-member commission appointed by the attorney general, with significant presidential influence over appointments and removals.31
The development has sparked multiple legal challenges. Separate lawsuits filed by Trump critics, including a former Jan. 6 prosecutor and Capitol police officers, argue the fund unconstitutionally bypasses Congress’s spending authority and could enable politically motivated payouts.3543
Legal experts have noted significant hurdles for challengers, including questions of standing and the fact that the underlying case was already dismissed.32
Next Steps
Responses to the former judges’ motion are expected around June 10. It remains unclear whether Judge Williams will grant the request to reopen the matter.0
The episode underscores ongoing debates over the use of federal funds, executive power, and judicial oversight in the early months of the Trump administration’s second term. Supporters view the fund as a necessary check against perceived past abuses, while opponents call it an unprecedented taxpayer-funded mechanism lacking sufficient safeguards.
